Landlords in Philadelphia have legal responsibilities during inclement weather, including snow and ice removal in certain properties and maintaining essential services like heat. These duties depend on property type, local ordinances, and habitability laws. When landlords fail to meet these obligations, tenants may have legal options.
What are a landlord’s responsibilities during snow and ice in Philadelphia?
Whether you rent a property from a management company or a private owner, there are particular responsibilities that your landlord must meet. These responsibilities will either be defined by your leasing contract or local ordinances. The responsibilities of the landlord or the landlord’s agent can differ depending on whether you rent a single-family residence or if you live in a multi-family unit. If you are are concerned about your responsibilities as a landlord or tenant in relation to inclement weather, please do not hesitate to contact the landlord tenant lawyers at Freundlich & Littman, LLC for a free consultation.
How long does a landlord have to remove snow after a storm?
A landlord or their agent is not required to remove the snow immediately. They have until six hours after snowfall has ended to clear the snow from walkways and other common areas.[3] The landlord may not remove the snow and place it in the streets, as it comes with a $50 fine.
The City of Philadelphia in particular has local ordinances which deal with snow removal responsibilities. It is the responsibility of the “owner, agent, or tenants of any building” to shovel the sidewalk on the premises. [2] This applies only to single family residences. If you live in a multi-family residence, like an apartment building or building with more than one apartment, it is not the tenant’s responsibility to remove snow from sidewalks or other common walkways on the property. Your landlord or their agent is required to remove the snow. If you are the tenant in a single-family residence, know that a 36-inch path is required to be shoveled, and it must be clear of snow and ice.
There are certain rights which cannot be contracted away in your lease agreement. These rights will be detailed below. If you signed a lease where any of your rights were waived, please contact our landlord tenant lawyers immediately.
Can a lease make tenants responsible for snow removal?
A lease may outline snow removal duties, but certain tenant protections cannot be waived by contract. If a lease attempts to shift responsibility in a way that conflicts with Philadelphia code or habitability standards, that provision may not be enforceable.
Tenants should review lease language carefully and seek legal advice if responsibilities seem improper.
What should I do if my landlord refuses to clear snow or ice?
If a landlord fails to clear snow or ice:
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Notify the landlord or property manager in writing
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Document unsafe conditions with photos and dates
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Report violations through Philadelphia’s 3-1-1 system
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Seek legal guidance if the issue continues or causes injury
Landlords must be given notice and a reasonable opportunity to correct the issue.
If you see snow removal violations, you have options. You may also call Philadelphia Streets Department Customer Affairs at (215) 686-5560. If this is a reoccurring issue or if your landlord refuses, do not hesitate to call one of our attorneys who are experienced in this area of law.
What are a landlord’s responsibilities if the heat goes out in winter?
If there is inclement weather which causes the heat to go out or the heat stops working during colder months, the landlord is required by law to provide a working heating system. They must keep all inhabitable rooms at a minimum of 68°F.[4] If the tenant has a working thermostat which is solely in the control of the tenant or the tenant inhabits a single-family dwelling, the landlord is only required to provide you with a working heater system.
The heating system needs to be turned on approximately between the first day of October until the last day of April, or if the outside temperature falls below 60°F. Note that if the outside temperature falls below 10°F, the landlord or their agent is not required to maintain the 68°F minimum; however, they must still provide a working heater that is maintained in good working order and unobstructed. Maintenance of the heating systems is the responsibility of the landlord. The cost of maintenance or repairs cannot be charged to the tenant.
What are my legal options if inclement weather conditions cause injury?
If a landlord’s failure to remove snow, ice, or maintain heat causes injury or unsafe living conditions, tenants may have legal remedies. These can include claims related to negligence, habitability violations, or premises liability, depending on the circumstances.
Speaking with a landlord-tenant attorney can help determine whether compensation or corrective action is available.
A good landlord tenant lawyer can fight for your rights to walk on a walkway that is free from snow and ice or get you a recovery if you are injured because of a Landlord’s failure to clear their walkway. Contact us today to schedule a free consultation.
[1] Where Landlords are responsible for sidewalk snow/ice removal they can be held liable if you are injured because of their failure to do so.
[2] The Philadelphia Code §10-720.
[4] PM §§ 405, 406
